Foreign Relations of the United States: Diplomatic Papers, 1945, Europe, Volume V

857.85/12–1245

The Norwegian Ambassador (Morgenstierne) to the Secretary of State

No. 912

Washington, December 12, 1945.

Excellency: I have the honor to refer to the Embassy’s note No. 827 of October 24, 1945²³ regarding the M/S Darss and to subsequent conversations between representatives of the Department of State and a representative of the Embassy.

Acting under instructions from my Government, I have the honor to state that the Norwegian Government, in the event that the Norwegian Government or any Norwegian corporation or Norwegian nationals or parties having a Norwegian interest, shall, after 1 December 1945, assume, either permanently or temporarily, the custody or possession of the Norwegian motorship Darss, now in the Port of Bremerhaven and in the possession of a United States prize crew, hereby agrees to indemnify and hold harmless the United States of America, the Navy Department and its personnel, whether enlisted or commissioned, and any agents, representatives or persons acting for the United States or the Navy Department in any capacity whatsoever, from any and all claims, demands or causes of action of any character whatsoever, which may be made, asserted or litigated against the United States and its agents or representatives as above described, in connection with or growing out of or by reason of any act whatsoever which may have been taken in connection with the motorship Darss.

Without limiting the generality or in any way restricting the foregoing, this obligation is particularly directed toward any claims, demands or causes of action growing out of the construction, seizure, the taking of possession by a United States Prize crew of the Darss in Bremerhaven and any action taken thereafter in connection with the said Darss.

The Norwegian Government hereby agrees, in the event of any litigation or controversy growing out of the activity of the United States and its agents or representatives and hereinbefore described, that said Norwegian Government will assume, defend and hold harmless the United States in any such proceedings. The Norwegian Government, in the event that the United States shall proceed to a final determination of any rights of prize arising out of the capture of the Darss. does not, by this obligation, abandon any right which it may have to assert a Norwegian interest in the said vessel.

Accept [etc.]

For the Ambassador:

Lars J. Jorstad

23. Not printed.